Life Insurance

Life Insurance, Intent To Deceive

June 9, 2012 | Mark S. Humphreys

Life Insurance Attorneys in Weatherford, Mineral Wells, Peaster, Springtown, Aledo, Azle, Brock, Millsap, Cool, Hudson Oaks, Willow Park, and other places in Parker County would want to read this case.

The case is an appeal in the Corpus Christ Court of Appeals that was issued in 1988. The style of the case is, Lilly Sharp v. Lincoln American Life Insurance Company. Here is some easily understood background.

Lincoln defended the case on the grounds of there being misrepresentations in the policy application. The trial was to the Judge without a jury. A take nothing judgment was entered in favor of Lincoln. Findings of fact and conclusions of law were properly requested and filed.

Life Insurance Denial

June 7, 2012 | Mark S. Humphreys

Insurance lawyers in Grand Prairie, Arlington, Fort Worth, Haslet, Roanoke, Newark, Saginaw, and other places in Tarrant County would want to be aware of this case.

The case opinion was issued in 1980, by the Texas Supreme Court. The style of the case is, Mattie Emmaline Mayes v. Massachusetts Mutual Life Insurance Company. It is one of those cases that Insurance Law Attorneys need to be aware of.

Rather than being decided on a motion for summary judgment, the way many insurance cases are decided, this case went to trial and there was a finding for Mayes. The intermediate appeals court reversed the trial court and then the Texas Supreme Court reversed the intermediate court and sent the case back to the trial court for further findings.

Life Insurance And Paperwork

April 21, 2012 | Mark S. Humphreys

Residents of Grand Prairie, Fort Worth, Arlington, Hurst, Euless, Bedford, and other places in Texas need to be able to read and understand the papers related to life insurance policies. The following case is a good example of this.

The case was decided in 2004, and was an opinion issued by the Dallas Court of Appeals. The style of the case is, Royal MacCabees Life Insurance Company v. Vicki James and The City of Mesquite. Here are some of the facts.

Donnie James was a police officer for the City of Mesquite who died on June 5, 1998. This dispute arises out of a group life insurance policy issued by Royal for City of Mesquite employees. Under the policy, an eligible employee could elect coverage in incremental amounts up to $100,000. It is contended that Donnie James was eligible for, elected, and paid premiums for $100,000 in benefits. There is no dispute as to the first $50,000 in benefits. Royal paid $50,000 after James death. The lawsuit arose out of Royal’s denial of the additional $50,000 in benefits for which Donnie James had paid premiums (through payroll deductions) for four years and ten months prior to his death.

Conditions In A Life Insurance Policy And Lawyers

April 19, 2012 | Mark S. Humphreys

Insureds in Grand Prairie, Fort Worth, Saginaw, Southlake, Roanoke, Keller, North Richland Hills, and other places in Tarrant County need to understand what their life insurance policy says.

The United States 5th Circuit Court of Appeals issued an opinion in 2008, that is on point. The style of the case is, Quihong Liu v. Fidelity and Guaranty Life Insurance Company.

Here is some of the factual and procedural background.

Life Insurance Policy And Lawyer

April 17, 2012 | Mark S. Humphreys

It is hard for someone in Weatherford, Mineral Wells, Millsap, Aledo, Hudson Oaks, Springtown, Willow Park, or any where else in Parker County to understand a life insurance policy. Here is a case that shows how some are interpreted.

The style of the case is Assurity Life Insurance Company v. Varsha Grogan, et al. This is a case decided by the United States Fifth Circuit Court of Appeals in 2007. It is an appeal from the district court’s entry of final judgment in favor of Grogan entitling her to proceeds from her husband’s life insurance policy. Assurity argued that, under Texas law, the policy issued to Mr. Grogan never took effect because it contained a “good health” condition precedent to its effectiveness; and that Mr. Grogan was not in good health on the date relevant to the policy’s effectiveness.

On April 4, 2002, Mr. Grogan submitted to Assurity an application for $1,000,000 of whole life insurance on his own life. This application did not progress and was later closed. On August 8, 2002, Mr. Grogan sent Assurity a letter reaffirming his desire to apply for the policy.

Life Insurance Claim Denial

April 15, 2012 | Mark S. Humphreys

Policy holders in Grand Prairie, Fort Worth, Dallas, Arlington, Irving, Grapevine, Colleyville, Roanoke, Saginaw, Carrollton, and other places in Dallas and Tarrant Counties would need to know the ways a life insurance claim can be denied.

One common reason for denial of a life insurance claim is that the insurance company says there was a misrepresentation made in the application.

The San Antonio Court of Appeals issued an opinion in 1993, that dealt with this issue. The style of the case is, Carmen L. Garcia v. John Hancock Variable Life Insurance Company. Here are some of the facts.

Life Insurance Claim Denied

April 14, 2012 | Mark S. Humphreys

A person in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Peaster, Willow Park, Millsap, Brock, Hudson Oaks. or anywhere else in Parker County who has a life insurance policy might want to know about the following case.

The case was decided by the El Paso Court of Appeals in 1989. The style of the case is Southwestern Life Insurance Company v. Doris L. Green.

Here is some background.

Denial Due To Misrepresentation

April 10, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Peaster, Cool, Millsap, Brock, Willow Park, Hudson Oaks, and other places in Parker County will make mistakes in insurance applications. It just happens. So what if you have a claim denied due to the mistake? Let’s see.

The Houston Court of Appeals, 14th District, issued an opinion in 1991, that is still good law and cited by today’s courts. The style of the case is, Betty Flowers v. United Insurance Company of America.

The basic facts of the case are not in dispute. In November 1987, Betty and her husband, Edward, applied for and were issued a joint life insurance policy with United. In the application for the policy Mr. Flowers was asked a series of questions regarding his health history. In pertinent part, the question asked:

Life Insurance Proceeds – Who Gets Them?

March 31, 2012 | Mark S. Humphreys

Policy holders in Grand Prairie, Arlington, Fort Worth, Dallas, and other places in the Dallas – Fort Worth metroplex area may want to know the answer to the title of this article.

The Salt Lake Tribune printed an article on March 6, 2012, that dealt with this issue to a degree. The title of the article is, New Legal Battle Over Powell Insurance Policies. This article discusses what happened in the present case. At the end of this article, you will get the answer as it relates to Texas Insurance Law.

The article tells us that nine days after Josh Powell killed himself and his two sons in a horrific fire at his home in Washington state, two of his siblings filed claims on insurance policies worth $1.5 million — a move that has now prompted the insurer to ask a U.S. District Court to sort out who, if anyone, is entitled to the money.

Life Insurance Beneficiary

March 22, 2012 | Mark S. Humphreys

Insurance policy holders in Grand Prairie, Fort Worth, Burleson, Benbrook, Crowley, Joshua, Lake Worth, Cleburne, and other places in Tarrant County and Texas may want to know about this case. It involves the naming of a life insurance beneficiary in a life insurance policy and Texas law.

This case was decided by the United States Fifth Circuit Court of Appeals. The opinion was issued on February 9, 2012. The style of the case is, Provident Life And Accident Insurance Company v. Jill Cleveland, et. al. Here is the case.

This was an interpleader action filed to determine who should receive the proceeds of a life insurance policy. Shona Cleveland, the former wife of decedent Gerald Cleveland, appealed from the district court’s grant of summary judgment in favor of Jill Cleveland, who was Gerald’s wife at the time of his death.